Prosecution Insights
Last updated: August 18, 2026
Application No. 18/929,387

ON-DEMAND GPU ENABLEMENT

Non-Final OA §103
Filed
Oct 28, 2024
Examiner
WU, CHONG
Art Unit
2613
Tech Center
2600 — Communications
Assignee
Dell Products L.P.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
430 granted / 498 resolved
+24.3% vs TC avg
Minimal +3% lift
Without
With
+3.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
21 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
8.4%
-31.6% vs TC avg
§103
44.1%
+4.1% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
29.4%
-10.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 498 resolved cases

Office Action

§103
CTNF 18/929,387 CTNF 91258 DETAILED ACTION Status This Office Action is responsive to claims filed on 10/28/2024. Please note Claims 1-18 are pending and have been examined. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claims 1, 2, 6-8, 12-14 and 18 are r ejected under 35 U.S.C. 103 as being unpatentable over G enchev (US 20240028360 A1), in view of Cui (US 20210208935 A1). R egarding Claim 1 , Genchev discloses an information handling system comprising: at least one processor ([0197] “processor circuitry”) ; a memory ([0197] “at least one memory”) ; and a plurality of graphics processing units (GPUs) ([0044] “As used herein, capacity refers to the aggregate number of resources (e.g., aggregate storage, aggregate CPU, aggregate respective hardware accelerators (e.g., field programmable gate arrays (FPGAs), graphics processing units (GPUs)), etc.) across all servers associated with a cluster and/or a workload domain.”) ; wherein the information handling system is configured to ([0197] “the apparatus comprising at least one memory, machine readable instructions, and processor circuitry to at least one of execute or instantiate the machine readable instructions to…”) : monitor usage of the plurality of GPUs ([0030] “In some examples, techniques to monitor both physical and virtual infrastructure”) ; in response to the usage of the plurality of GPUs being below a first threshold ([0200] “…the value of the utilization parameter satisfies the threshold based on the value being less than the threshold, and the processor circuitry is to determine that the virtual resource is underutilized based on the value being less than the threshold…”) , execute a command to power off a first number of the plurality of virtual GPUs ([0200] “…at least one of turn off the virtual resource or assign the virtual resource to a second workload domain to execute a workload.”) ; and in response to the usage of the plurality of GPUs being above a second threshold ([0215] “…the value of the utilization parameter satisfies the threshold based on the value being greater than the threshold, and the method further including determining that the first virtual resource is overutilized based on the value being greater than the threshold…”) , execute a command to power on a second number of the plurality of virtual GPUs ([0215] “…at least one of transferring a portion of a workload of the first virtual resource to a second virtual resource or adding a second quantity of hardware resources to the first virtual resource.”) . Genchev discloses turning on/off virtual resources, but does not expressly disclose turning on/off physical hardware units directly. However, in the same field of endeavor, Cui discloses execute a command to power off a first number of the plurality of GPUs ([0127] “The shutdown module is used to turn off other second-type cores except the second number of the second-type cores.”) and execute a command to power on a second number of the plurality of GPUs ([0028] “obtaining a first number of the first-type cores that need to be turned on according to the first load in response to that the first load exceeds a load threshold; and turning on the first number of the first-type cores.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Genchev with the feature of turning on/off a number of GPUs based on the usage of the GPUs. Turning on/off the GPUs could achieve Genchev’s goal of turning on/off virtual resources and controlling the overall utilization level. Regarding Claim 2 , Genchev-Cui discloses the information handling system of claim 1, wherein the commands are executed via a baseboard management controller (BMC) of the information handling system (Genchev [0192] “Although FIGS. 15 and 16 illustrate two example implementations of the processor circuitry 1412 of FIG. 14, many other approaches are contemplated. For example, as mentioned above, modern FPGA circuitry may include an on-board CPU, such as one or more of the example CPU 1620 of FIG. 16. Therefore, the processor circuitry 1412 of FIG. 14 may additionally be implemented by combining the example microprocessor 1500 of FIG. 15 and the example FPGA circuitry 1600 of FIG. 16.”) . Regarding Claim 6 , Genchev-Cui discloses the information handling system of claim 1, wherein the first number and/or the second number is based on a set of user-configurable rules (Genchev [0106] “In example operation, the user interface 402 can be utilized to create the schedule 272 by providing rules that should be applied to resources to understand whether a schedule's action is to be performed.”) . Regarding Claim 7 , it recites similar limitations of claim 1. The rationale of claim 1 rejection is applied to reject claim 7. Regarding Claim 8 , it recites similar limitations of claim 2. The rationale of claim 2 rejection is applied to reject claim 8. Regarding Claim 12 , it recites similar limitations of claim 6. The rationale of claim 6 rejection is applied to reject claim 12. Regarding Claim 13 , it recites similar limitations of claim 1. The rationale of claim 1 rejection is applied to reject claim 13. Regarding Claim 14 , it recites similar limitations of claim 2. The rationale of claim 2 rejection is applied to reject claim 14. Regarding Claim 18 , it recites similar limitations of claim 6. The rationale of claim 6 rejection is applied to reject claim 18 . 07-21-aia AIA Claim s 3, 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Genchev (US 20240028360 A1), in view of Cui (US 20210208935 A1), further in view of BHANDARI (US 20190213027 A1) . Regarding Claim 3 , Genchev-Cui discloses the information handling system of claim 1 . In the same field of endeavor, BHANDARI discloses wherein in response to the usage of the plurality of GPUs being below the first threshold, the information handling system is further configured to execute a command to put a third number of the plurality of GPUs into a standby mode ([0059] “Thus, inactive hosts 203 can be placed temporarily in standby mode, maintenance mode, or powered off, thereby reducing CPU, GPU, memory, power, and other resource consumption in the computing environment 103.”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Genchev-Cui with the feature of setting a third number of the plurality of GPUs into a standby mode. Doing so could reduce the consumption of resources, as taught by BHANDARI [0059]. Regarding Claim 9 , it recites similar limitations of claim 3. The rationale of claim 3 rejection is applied to reject claim 9. Regarding Claim 15 , it recites similar limitations of claim 3. The rationale of claim 3 rejection is applied to reject claim 15 . 07-21-aia AIA Claim s 4, 5, 10, 11, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Genchev (US 20240028360 A1), in view of Cui (US 20210208935 A1), further in view of Smith (US 20210064431 A1) . Regarding Claim 4 , Genchev-Cui discloses the information handling system of claim 1 . In the same filed of endeavor, Smith discloses further configured to predict a future usage of the plurality of GPUs ([0106] “For example, the machine learning model 124 generates the usage likelihood 126 to indicate a predicted level of usage over the next predetermined time period”) , wherein the first number and/or the second number is based on the prediction ([0109] “For example, if the computing system 110 determines that the usage likelihood 126 is greater than the usage likelihood threshold, the computing system 110 can then determine how many computers of the server environment 106 to turn on or restart. If the usage likelihood 126 is between 100% and 90%, for example, then the computing system 110 can instruct the cloud computing system 108 to power on each of the computers at the server environment 106. If the usage likelihood 126 is between 89% and 80%, the computing system 110 can instruct the cloud computing system 108 to power on half of the computers of the server environment 106”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Genchev-Cui with the feature of predicting a future usage of the plurality of GPUs and setting the first and the second number based on the prediction. Doing so could determine the optimum numbers and enhance the efficiency of the system, as taught by Smith. Regarding Claim 5 , Genchev-Cui-Smith discloses the information handling system of claim 4, wherein the prediction is based on a time-series machine learning model (Smith [0110] “As shown in visualization 132, the computing system 110 can predict using its machine learning model 124 from time 0 to time T.sub.1, the server environment 106 is to be powered on; from time T.sub.1 to time T.sub.2 the server environment 106 is to be powered off, and after time T.sub.2 the server environment 106 is to be powered on.”) . Regarding Claim 10 , it recites similar limitations of claim 4. The rationale of claim 4 rejection is applied to reject claim 10. Regarding Claim 11 , it recites similar limitations of claim 5. The rationale of claim 5 rejection is applied to reject claim 11. Regarding Claim 16 , it recites similar limitations of claim 4. The rationale of claim 4 rejection is applied to reject claim 16. Regarding Claim 17 , it recites similar limitations of claim 5. The rationale of claim 5 rejection is applied to reject claim 17 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : WU (US 20250021154 A1) – this reference discloses a power supply control method, system and device for a server are provided. The method includes: dividing a utilization rate of a system main power supply into different levels in advance, and setting a GPU power control policy corresponding to a respective one of the different levels of the utilization rate of the system main power supply, wherein a suppression degree, on a computing capability of GPUs in a system, of the set GPU power control policy increases with the increase in the level of the utilization rate of the system main power supply; acquiring an actual utilization rate of the system main power supply, and determining a target utilization rate level corresponding to the actual utilization rate; and performing power supply control on the GPUs in the system according to the GPU power control policy corresponding to the target utilization rate level. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG WU whose telephone number is (571)270-5207. The examiner can normally be reached MON-FRI: 9AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHONG WU/Primary Examiner, Art Unit 2613 Application/Control Number: 18/929,387 Page 2 Art Unit: 2613 Application/Control Number: 18/929,387 Page 3 Art Unit: 2613 Application/Control Number: 18/929,387 Page 4 Art Unit: 2613 Application/Control Number: 18/929,387 Page 5 Art Unit: 2613 Application/Control Number: 18/929,387 Page 6 Art Unit: 2613 Application/Control Number: 18/929,387 Page 7 Art Unit: 2613 Application/Control Number: 18/929,387 Page 8 Art Unit: 2613 Application/Control Number: 18/929,387 Page 9 Art Unit: 2613
Read full office action

Prosecution Timeline

Oct 28, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12705841
MOBILE DEVICE AND MOBILE DEVICE CONTROL METHOD
2y 1m to grant Granted Aug 11, 2026
Patent 12700066
MULTI-STAGE PROCESSING OF FOVEATED IMAGE DATA
2y 3m to grant Granted Aug 04, 2026
Patent 12688658
VIRTUAL REALITY-BASED CONTROL METHOD, APPARATUS, TERMINAL, AND STORAGE MEDIUM
2y 11m to grant Granted Jul 21, 2026
Patent 12688664
Virtual Paper
1y 9m to grant Granted Jul 21, 2026
Patent 12657848
INGESTION PIPELINE FOR GENERATING AUGMENTED REALITY CONTENT GENERATORS
1y 11m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
90%
With Interview (+3.3%)
2y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 498 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month